CCPR/C/114/D/2017/2010
a request for interim measures of protection had been duly addressed to the State party and
that it was subsequently reiterated.
6.4
The Committee reiterates that, apart from any violation of the Covenant found
against a State party in a communication, a State party commits serious breaches of its
obligations under the Optional Protocol if it acts to prevent or frustrate consideration by the
Committee of a communication alleging a violation of the Covenant, or to render
examination by the Committee moot and the expression of its Views concerning the
implementation of the obligations of the State party under the Covenant nugatory and
futile.5 In the present case, the author alleges that his rights under various provisions of the
Covenant have been violated in a manner that directly reflects on the legality of his death
sentence. Having been notified of the communication and the request by the Committee for
interim measures of protection, the State party committed a serious breach of its obligations
under the Optional Protocol by executing the alleged victim before the Committee had
concluded its consideration of the communication.
6.5
The Committee further recalls that interim measures under rule 92 of its rules of
procedure, adopted in accordance with article 39 of the Covenant, are essential to its role
under the Optional Protocol, in order to avoid irreparable damage to the victim of the
alleged violation. Flouting of that rule, especially by irreversible measures, such as in the
present case the execution of Mr. Burdyko, undermines the protection of Covenant rights
through the Optional Protocol.6
Consideration of admissibility
7.1
Before considering any claims contained in a communication, the Human Rights
Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not
it is admissible under the Optional Protocol to the Covenant.
7.2
The Committee has ascertained, as required under article 5 (2) (a), of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee notes that the State party has challenged the admissibility of the
communication, arguing that the author has not applied for the supervisory review to the
Prosecutor’s Office. The Committee recalls its jurisprudence, according to which a petition
for supervisory review to a prosecutor’s office, allowing to review court decisions that have
taken effect, does not constitute a remedy that has to be exhausted for the purposes of
article 5 (2) (b) of the Optional Protocol.7 Accordingly, it considers that it is not precluded
by article 5 (2) (b) of the Optional Protocol from examining this part of the communication.
7.4
The Committee further takes note of the argument of the State party that the
communication is inadmissible since it was submitted to the Committee by a third party and
not by the alleged victim himself. In that respect, the Committee recalls that rule 96 (b) of
its rules of procedure states that a communication should normally be submitted by the
individual personally or by a representative of that individual. In the present case, the
5
6
7
See, inter alia, communications No. 1276/2004, Idieva v. Tajikistan, Views adopted on 31 March
2009, para. 7.3; and No. 2120/2011, Kovaleva and Kozyar v. Belarus, Views adopted on 29 October
2012, para. 9.4.
See, inter alia, communications No. 964/2001, Saidova v. Tajikistan, Views adopted on 8 July 2004,
para. 4.4; No. 1280/2004, Tolipkhuzhaev v. Uzbekistan, Views adopted on 22 July 2009, para. 6.4;
and Kovaleva and Kozyar v. Belarus, para. 9.5.
See communication No. 1873/2009, Alekseev v. the Russian Federation, Views adopted on 25
October 2013, at para. 8.4.
7